Unsuccessful nominations to the Supreme Court of the United States: Difference between revisions

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#REDIRECT [[List of nominations to the Supreme Court of the United States]]
{{use mdy dates|date=November 2016}}
{{SCOTUS series}}

The [[Supreme Court of the United States]] is the highest ranking [[Court|judicial body]] in the [[United States]]. Established by [[Article III of the United States Constitution|Article III of the Constitution]], the detailed structure of the Court was laid down by the [[1st United States Congress]] in 1789. Congress specified the Court's [[original jurisdiction|original]] and [[appellate jurisdiction]], created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869.<ref>{{Cite web| title=The Court as an Institution| url=https://www.supremecourt.gov/about/institution.aspx| website=supremecourt.gov| publisher=Supreme Court of the United States| location=Washington, D.C.| accessdate=August 8, 2018}}</ref> A total of 114 justices have served on the Supreme Court since 1789. Justices have [[life tenure]], and so they serve until they die in office, resign or retire, or are [[Impeachment in the United States|impeached]] and removed from office.

Justices are nominated by the [[President of the United States|president]] and then confirmed by the [[United States Senate|U.S. Senate]]. A nomination to the Court is considered to be official when the Senate receives a signed nomination letter from the president naming the nominee, which is then entered in the Senate's record. There have been 37 '''unsuccessful nominations to the Supreme Court of the United States'''. Of these, 11 nominees were rejected in Senate [[Voting methods in deliberative assemblies#Recorded vote|roll-call votes]], 11 were withdrawn by the president, and 15 lapsed at the end of a [[Legislative session|session]] of Congress. Six of these unsuccessful nominees were subsequently nominated and confirmed to other seats on the Court.<ref name=CRS2018BJMDSR>{{cite web| last1=McMillion| first1=Barry J.| last2=Rutkus| first2=Denis Steven| date=July 6, 2018| title=Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President| url=https://fas.org/sgp/crs/misc/RL33225.pdf| publisher=Congressional Research Service| location=Washington, D.C.| accessdate=August 8, 2018}}</ref> Additionally, although confirmed, seven nominees either declined office or (in one instance) died before assuming office.

== George Washington ==
Among the six original nominees to the Supreme Court, [[George Washington]] nominated [[Robert H. Harrison]], who declined to serve.<ref>{{cite web|last=Fore| first=Samuel K.| title=Robert Hanson Harrison| publisher=Mount Vernon Ladies' Association| url=https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/robert-hanson-harrison/|location=Mount Vernon, Virginia| access-date=August 8, 2018}}</ref> The seat remained empty until the confirmation of [[James Iredell]] in 1790.

Washington nominated [[William Paterson (judge)|William Paterson]] for the Supreme Court on February 27, 1793.<ref name="Hall2001">{{cite book|author=Timothy L. Hall|title=Supreme Court Justices: A Biographical Dictionary|url=https://books.google.com/books?id=8AJ7__ph3rgC&pg=PA30|date=January 1, 2001|publisher=Infobase Publishing|isbn=978-1-4381-0817-9|pages=30–}}</ref> The nomination was withdrawn by the President the following day. Washington had realized that since the [[Judiciary Act of 1789|law establishing the positions within the Supreme Court]] had been passed during Paterson's term as a Senator (a post he had resigned in November 1790 after being elected Governor of [[New Jersey]]) the nomination was a violation of [[Ineligibility Clause|Article I, Section 6 of the Constitution]]. Washington re-nominated Paterson to the Court on March 4, 1793, after Paterson's term as Senator had expired, and Paterson was confirmed by the Senate.<ref name="Hall2001" />

[[John Jay]] resigned as Chief Justice on June 29, 1795, after being elected Governor of New York. The subsequent nomination of [[John Rutledge]] as Chief Justice was rejected by a vote of 10–14 on December 15, 1795. Rutledge's strident and vocal opposition to the [[Jay Treaty]] may have been the main reason for his rejection. Because he had been a [[recess appointment]], Rutledge served as Chief Justice for one term.<ref name="UrofskyUrofsky2015">{{cite book|author1=Melvin Urofsky|author2=Emeritus Professor of History and Public Policy Melvin Urofsky|title=The Supreme Court Justices: A Biographical Dictionary|url=https://books.google.com/books?id=kv3uCgAAQBAJ&pg=PA389|date=November 17, 2015|publisher=Routledge|isbn=978-1-136-74747-2|pages=389–}}</ref> Washington nominated Associate Justice [[William Cushing]] to replace him as Chief Justice, but Cushing declined the role. Washington then successfully appointed [[Oliver Ellsworth]] to serve as the next Chief Justice.<ref name="Sen">{{Cite web| title=U.S. Senate: Supreme Court Nominations: 1789–Present| url=https://www.senate.gov/pagelayout/reference/nominations/Nominations.htm| publisher=United States Senate| location=Washington, D.C.| website=senate.gov| accessdate=August 2, 2018}}</ref>

== John Adams ==
After [[Oliver Ellsworth]] decided to resign from the position of Chief Justice, President [[John Adams]] sought to replace Ellsworth with John Jay, who had been the first Chief Justice. Jay was formally nominated, but turned down the position. Adams then successfully nominated his Secretary of State, [[John Marshall]].<ref name="schwartz1">{{cite book|last1=Schwartz|first1=Bernard|title=A History of the Supreme Court|date=1993|publisher=Oxford University Press|location=New York|pages=32–34}}</ref>

== James Madison ==
When [[William Cushing]] died, [[James Madison]] nominated [[Levi Lincoln Sr.]] on January 2, 1811. Lincoln declined the nomination.<ref name="Conley2015">{{cite book|author=Richard S. Conley|title=Historical Dictionary of the U.S. Presidency|url=https://books.google.com/books?id=8qfTCgAAQBAJ&pg=PA419|date=December 14, 2015|publisher=Rowman & Littlefield Publishers|isbn=978-1-4422-5765-8|pages=419–}}</ref> [[Alexander Wolcott]] was then nominated, but was rejected by a vote of 9–24 on February 13, 1811.<ref name="Conley2015" /> After [[John Quincy Adams]] declined a nomination, Madison was finally successful in filling the seat with his appointment of [[Joseph Story]].<ref name="Sen"/>

== John Quincy Adams ==
[[John Quincy Adams]] nominated [[John J. Crittenden]] on December 18, 1828. The Senate postponed the vote on his confirmation, by a vote of 23–17, on February 12, 1829. The Senate did not explicitly vote to "postpone indefinitely", but the resolution did have that effect.<ref name="Beth2009">{{cite book|author=Richard S. Beth|title=Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2009|url=https://books.google.com/books?id=izYXWfC1FbEC&pg=PA5|date=December 2009|publisher=DIANE Publishing|isbn=978-1-4379-1994-3|pages=5–}}</ref> President Andrew Jackson instead filled the position with [[John McLean]].<ref name="Sen"/>

== Andrew Jackson ==
[[Andrew Jackson]] nominated [[Roger B. Taney]] on January 15, 1835, to be an Associate Justice. A resolution was passed by a Senate vote of 24–21 on March 3, 1835, to postpone the nomination indefinitely.<ref name="Finkelman2014">{{cite book|author=Paul Finkelman|title=The Supreme Court: Controversies, Cases, and Characters from John Jay to John Roberts &#91;4 Volumes&#93;: Controversies, Cases, and Characters from John Jay to John Roberts|url=https://books.google.com/books?id=JZB_AwAAQBAJ&pg=PA191|date=January 15, 2014|publisher=ABC-CLIO|isbn=978-1-61069-395-0|pages=191–}}</ref> Jackson nominated Taney again on December 28, 1835. After the political composition of the Senate changed the next year, Taney was confirmed as [[Chief Justice of the United States|Chief Justice]] March 15, 1836.<ref name="Finkelman2014" />

In 1837, Jackson nominated [[William Smith (South Carolina senator)|William Smith]] and [[John Catron]] to newly created seats. Both were confirmed, but Smith declined to serve. Later that year, President Van Buren appointed [[John McKinley]] to fill the vacancy.<ref name="Sen"/>

== John Tyler ==
[[John Tyler]] experienced extreme difficulty in obtaining approval of his nominees due to his lack of political support in the Senate. Tyler took office in 1841 after the death of [[Whig Party (United States)|Whig]] President [[William Henry Harrison]]. Tyler had been Harrison's running mate in the [[United States presidential election, 1840|1840 election]], but Tyler clashed with the Congressional Whigs over issues such as the [[Second Bank of the United States|national bank]], and these clashes extended to judicial nominees.<ref name="Beth2009-Tyler-nominees">{{cite book|author=Richard S. Beth|title=Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2009|url=https://books.google.com/books?id=izYXWfC1FbEC&pg=PA6|date=December 2009|publisher=DIANE Publishing|isbn=978-1-4379-1994-3|pages=6–7}}</ref>

[[John C. Spencer]] was nominated on January 9, 1844, and his nomination was defeated by a vote of 21–26 on January 31, 1844. [[Reuben H. Walworth]] was nominated on March 13, 1844, and a resolution to table the nomination passed on a 27–20 vote on June 15, 1844. The nomination was withdrawn from the Senate on June 17, 1844. [[Edward King (jurist)|Edward King]] was nominated on June 5, 1844. A resolution to table the nomination passed by a vote of 29–18 on June 15, 1844. No other action was taken on this nomination.<ref name="Beth2009-Tyler-nominees" />

The same day that Walworth's nomination was withdrawn, Spencer was re-submitted, but there is no record of debate and a letter from the President withdrawing the nomination was received on the same day. Walworth was then re-nominated later that same day, but the motion to act on the nomination in the Senate was objected to, and no further action was taken.<ref name="Beth2009-Tyler-nominees" />

Walworth and King were re-nominated on December 10, 1844, but both nominations were tabled on January 21, 1845. Walworth's nomination was withdrawn on February 6, 1845, and King's two days later. [[John M. Read]] was nominated on February 8, 1845, and there was a motion to consider the nomination in the Senate on January 21, 1845, but the motion was unsuccessful and no other action was taken.<ref name="Beth2009-Tyler-nominees" /> On February 14, 1845, the Senate voted to confirm [[Samuel Nelson]].<ref name="Sen"/>

== James K. Polk ==
After [[Henry Baldwin (judge)|Henry Baldwin]]'s death in 1844, [[James K. Polk]] nominated [[James Buchanan]], who declined the nomination.<ref name="Press2012">{{cite book|author=CQ Press|title=Guide to Congress|url=https://books.google.com/books?id=iqN2AwAAQBAJ&pg=PA350|date=September 25, 2012|publisher=SAGE Publications|isbn=978-1-4522-3532-5|pages=350–}}</ref> Polk then nominated [[George W. Woodward]], but the Senate rejected him by a vote of 20–29.<ref name="Press2012" /> Baldwin was finally replaced by [[Robert Cooper Grier]] in 1846.<ref name="Sen"/>

== Millard Fillmore ==
[[Millard Fillmore]] made three nominations to replace [[John McKinley]], nominating [[Edward A. Bradford]], [[George Edmund Badger]], and [[William C. Micou]], but the Senate did not take action on any of the nominees. President [[Franklin Pierce]] filled the vacancy with [[John Archibald Campbell]].<ref name="Sen"/>

== James Buchanan ==
[[James Buchanan]] nominated [[Jeremiah S. Black]] to the court in 1861 to replace [[Peter Vivian Daniel]]. The Senate voted 25–26 against confirming him.<ref name="Press2009">{{cite book|author=CQ Press|title=American Political Leaders 1789-2009|url=https://books.google.com/books?id=ktR1AwAAQBAJ&pg=PA51|date=October 6, 2009|publisher=SAGE Publications|isbn=978-1-4522-6726-5|pages=51–}}</ref> President Lincoln filled the seat with [[Samuel Freeman Miller]] in 1862.<ref name="Sen"/>

== Andrew Johnson ==
[[Andrew Johnson]] took office after the death of [[Republican Party (United States)|Republican]] President [[Abraham Lincoln]] in 1865. Johnson, a former [[Democratic Party (United States)|Democrat]], had been Lincoln's running mate on the [[National Union Party (United States)|National Union ticket]] of 1864, but Johnson disagreed with Congressional Republicans on several issues, including judicial nominees.

Two justices died in office during Johnson's administration, [[James Moore Wayne]] and [[John Catron]]. Congress, however, passed the [[Judicial Circuits Act]] of 1866, which provided for a gradual elimination of seats until only seven were left.<ref name="Medécigo2015">{{cite book|author=Alfredo Narváez Medécigo|title=Rule of Law and Fundamental Rights: Critical Comparative Analysis of Constitutional Review in the United States, Germany and Mexico|url=https://books.google.com/books?id=vtLjCgAAQBAJ&pg=PA102|date=November 21, 2015|publisher=Springer|isbn=978-3-319-24562-1|pages=102–}}</ref> Chief Justice [[Salmon P. Chase]] had urged for this reduction in the hopes that it would result in an increase of the justices' salaries, which, ironically, did not happen until Congress restored the size of the court to nine members in 1871. Johnson had nominated [[Henry Stanbery]] to be an Associate Justice, but due to the reduction of seats, this nomination was nullified.<ref name="Geyh2006">{{cite book|author=Charles Gardner Geyh|title=When Courts and Congress Collide: The Struggle for Control of America's Judicial System|url=https://books.google.com/books?id=lWDmOJ2UMY8C&pg=PA194|date=March 2, 2006|publisher=University of Michigan Press|isbn=0-472-09922-1|pages=194–}}</ref>

== Ulysses S. Grant ==
[[Ulysses S. Grant]] nominated [[Ebenezer R. Hoar]] to a new seat on the court. The Senate rejected this nomination by a vote of 24–33.<ref name="GrantSimon1994">{{cite book|author1=Ulysses Simpson Grant|author2=John Y. Simon|title=November 1, 1869-October 31, 1870|url=https://books.google.com/books?id=h2ETxC83sdsC&pg=PA54|date=December 1994|publisher=SIU Press|isbn=978-0-8093-1965-7}}</ref>{{rp|54}} Grant successfully nominated [[Joseph Bradley]] for the seat.<ref name="Sen"/>

Grant also nominated [[Edwin M. Stanton]], former [[United States Attorney General|Attorney General]] and [[United States Secretary of War|Secretary of War]] to the court.<ref name="GrantSimon1994"/>{{rp|79}} The nomination was eventually confirmed, but Stanton died before he was commissioned.<ref>[{{SCOTUS URL|about/members.pdf}} Members of the Supreme Court of the United States], Official list on SCOTUS website</ref> Grant then successfully nominated [[William Strong (Pennsylvania judge)|William Strong]].<ref name="Sen"/>

Grant nominated [[George Henry Williams]] to be [[Chief Justice of the United States]] in 1873, but he later withdrew from consideration.<ref name=doj>[http://www.usdoj.gov/jmd/ls/agbiographies.htm Department of Justice biography: George Henry Williams]</ref> Prior to withdrawal of consideration, the [[Senate Judiciary Committee]] declined to recommend confirmation to the entire Senate.<ref name=Oregon>Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956.</ref> Grant then nominated [[Caleb Cushing]] for Chief Justice on January 9, 1874, but despite Cushing's great learning and eminence at the bar, his anti-war record and the feeling of distrust experienced by many members of the U.S. Senate on account of his inconsistency, aroused such vigorous opposition that his nomination was withdrawn on January 13, 1874.<ref>{{cite book|title=United States Congressional serial set|url=https://books.google.com/books?id=K4s3AQAAIAAJ&pg=PA259|year=1895|publisher=US Government Printing Office|pages=259–}}</ref> Grant was successful with his third nomination of [[Morrison Waite]].<ref name="Sen"/>

== Rutherford B. Hayes ==
Early in 1881, President [[Rutherford B. Hayes]] nominated [[Stanley Matthews (lawyer)|Thomas Stanley Matthews]] for the position of Associate Justice. Matthews was a controversial nominee due to his close ties to the railroad industry,<ref name="hhogue">{{cite web|last1=Hogue|first1=Henry B.|title=Supreme Court Nominations Not Confirmed, 1789-August 2010|url=https://fas.org/sgp/crs/misc/RL31171.pdf|website=Congressional Research Service|publisher=Federation of American Scientists|accessdate=March 22, 2016}}</ref> and as the nomination came near the end of Hayes's term, the Senate did not act on it. However, upon succeeding Hayes, incoming President [[James A. Garfield]] (who, like Hayes, was a Republican) renominated Matthews, and the Senate confirmed him by a vote of 24 to 23, the narrowest confirmation for a successful U.S. Supreme Court nominee in history. He served on the Court until his death in 1889.<ref>[http://www.ca6.uscourts.gov/lib_hist/Courts/supreme/judges/matthews/matthews.html Stanley Matthews biography at Sixth Circuit] {{Webarchive|url=https://web.archive.org/web/20090827031222/http://www.ca6.uscourts.gov/lib_hist/Courts/supreme/judges/matthews/matthews.html |date=August 27, 2009 }} [[United States Court of Appeals]].</ref><ref name="Hall2001-2">{{cite book|author=Timothy L. Hall|title=Supreme Court Justices: A Biographical Dictionary|url=https://books.google.com/books?id=8AJ7__ph3rgC&pg=PA182|date=January 1, 2001|publisher=Infobase Publishing|isbn=978-1-4381-0817-9|pages=182–}}</ref>

==Chester A. Arthur==
In 1882, [[Chester A. Arthur]] nominated [[Roscoe Conkling]] to serve as an Associate Justice after [[Ward Hunt]] resigned.<ref>{{cite news |date=February 25, 1882 |title=President Arthur has appointed ex-Senator Roscoe Conkling to be an Associate Justice of the Supreme Court |url=https://www.newspapers.com/image/79882505/ |newspaper=Donaldsonville Chief |location=Donaldsonville, LA |page=2 |subscription=yes}}</ref> Conkling was confirmed,<ref>{{cite news |date=March 11, 1882 |title=The Senate has confirmed the following nominations |url=https://www.newspapers.com/image/67638045/ |newspaper=Valley Falls New Era |location=Valley Falls, KS |page=2 |subscription=yes}}</ref> and then declined the position.<ref>{{cite news |date=March 14, 1882 |title=Blatchford Nominated: Mr. Conkling's Letter |url=https://www.newspapers.com/image/64416152/ |newspaper=Topeka Daily Capital |location=Topeka, KS |page=1 |subscription=yes}}</ref>

After Conkling declined, Arthur nominated [[George F. Edmunds]], who twice declined to serve.<ref>{{cite news |date=March 14, 1882 |title=News by Telegraph: George F. Edmunds Letter of Refusal; Edmunds' Second Refusal |url=https://www.newspapers.com/image/174116362/ |newspaper=Las Vegas Gazette |location=Las Vegas, NM |page=1 |subscription=yes}}</ref> Arthur then nominated [[Samuel Blatchford]], who was confirmed and accepted.<ref>{{cite news |date=March 22, 1882 |title=Judge Samuel Blatchford: The New Justice of the Supreme Court of the United States |url=https://www.newspapers.com/image/77002912/ |newspaper=Leavenworth Times |location=Leavenworth, KS |page=4 |subscription=yes}}</ref>

== Grover Cleveland ==
Associate Justice [[Samuel Blatchford]] died in 1893, during the second term of [[Grover Cleveland]].<ref>{{cite news |date=July 8, 1893 |title=Justice Blatchford Dead |url=https://www.newspapers.com/image/53338328/ |newspaper=Philadelphia Times |location=Philadelphia, PA |page=4 |subscription=yes }}</ref> This seat was traditionally held by a [[New York (state)|New York]]er. Cleveland's first two nominees were not confirmed by the Senate; the nomination of [[William Hornblower]] was rejected by the Senate by a vote of 24–30 on January 15, 1894.<ref name="Sen"/> Cleveland's follow-up nominee [[Wheeler Hazard Peckham]] was also rejected by the Senate, 32–41, on February 16, 1894.<ref name="Sen"/>

By the tradition of [[Senatorial courtesy]], other Senators generally deferred to a nominee's home state senators when evaluating a presidential nomination.<ref>{{cite book |date=2010 |title=Supreme Court Nominations: Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning Nominees, Senate Consideration, Cloture, and the Use of the Filibuster |url=https://books.google.com/books?id=-nVSlBss29oC&pg=PA88 |location=TheCapitol.Net |publisher=Alexandria, VA |page=88 |isbn=978-1-58733-158-9}}</ref> The Senators from New York were [[Edward Murphy, Jr.]] and [[David B. Hill]];<ref>{{cite news |date=January 28, 1894 |title=The Buffalo Evening Times Remarks |url=https://www.newspapers.com/image/50349256/ |newspaper=Brooklyn Daily Eagle |location=Brooklyn, NY |page=6 |subscription=yes}}</ref> Hill objected to Cleveland's nominations, and most other Senators supported Hill.<ref>{{cite news |date=January 12, 1894 |title=Hornblower is Out; Majority of the Senate Committee Against Confirmation |url=https://www.newspapers.com/image/167026359/ |newspaper=Dakota Farmers' Leader |location=Canton, SD |page=2 |subscription=yes}}</ref> Hill was a rival of Cleveland's who had lost the [[1892 Democratic National Convention|Democratic nomination for President]] to him in 1892.<ref>{{cite news |date=June 30, 1892 |title=Cleveland and Stevenson: The Ticket Nominated by the National Democratic Convention at Chicago |url=https://www.newspapers.com/image/173852075/ |newspaper=Weekly Star |location=Plymouth, PA |page=6 |subscription=yes}}</ref>

Cleveland finally overcame Hill's opposition by nominating [[Edward Douglass White]] of Louisiana.<ref>{{cite news |date=February 20, 1894 |title=Justice White: Cleveland Springs a Surprise |url=https://www.newspapers.com/image/92939156/ |newspaper=San Francisco Call |location=San Francisco, CA |page=1 |subscription=yes}}</ref> White was a sitting Senator, and [[Senatorial courtesy]] dictated that the Senate not reject one of its own.<ref>{{cite book |last=Pratt |first=Walter F. |date= |title=The Supreme Court Under Edward Douglass White, 1910-1921 |url=https://books.google.com/books?id=3u13OLgWYegC&pg=PA17 |location=Columbia, SC |publisher=University of South Carolina Press |page=17 |isbn=978-1-57003-309-4}}</ref> White's nomination was approved; he served as an Associate Justice until 1910,<ref>{{cite news |date=December 19, 1910 |title=Today Took Office: Edward Douglass White is now Chief Justice |url=https://www.newspapers.com/image/143254482/ |newspaper=Evening Telegram |location=Garden City, KS |page=4 |subscription=yes}}</ref> and as Chief Justice until his death in 1921.<ref>{{cite news |last= |first= |date=May 19, 1921 |title=Chief Justice Dead; Served 21 Years on Supreme Bench |url=https://www.newspapers.com/image/161223709/ |newspaper=Evening News Journal |location=Wilmington, DE |page=1 |subscription=yes}}</ref>

==Warren Harding==
{{Main|Warren G. Harding Supreme Court candidates}}

President [[Warren G. Harding]] nominated [[Pierce Butler (justice)|Pierce Butler]] to the Supreme Court in 1922, but the Senate refused to consider his nomination, in part due to Butler's advocacy for railroad interests. However, Harding re-submitted the nomination later in the year, and Butler was confirmed in a 61–8 vote.<ref name="hhogue"/>

== Herbert Hoover ==
{{Main article|Herbert Hoover Supreme Court candidates}}
On May 7, 1930, [[Herbert Hoover]]'s nomination of Appellate Judge [[John J. Parker]] for the Supreme Court was rejected by a vote of 39–41.<ref name="Goings1990">{{cite book|author=Kenneth W. Goings|title=The "Naacp Comes of Age": The Defeat of Judge John J. Parker|url=https://books.google.com/books?id=KhN2AAAAMAAJ|year=1990|publisher=Indiana University Press|isbn=978-0-253-32585-3}}</ref> Parker was nominated to replace [[Edward Terry Sanford]]. The [[American Federation of Labor]] opposed Parker for his rulings that were favorable towards [[yellow dog contract]]s and the [[NAACP]] opposed Parker due to concerns about Parker's racial views.<ref name="watson">{{cite journal|last1=Watson Jr.|first1=Richard L.|title=The Defeat of Judge Parker: A Study in Pressure Groups and Politics|journal=The Mississippi Valley Historical Review|date=September 1963|volume=50|issue=2|pages=213–234|jstor=1902754}}</ref> Hoover attempted to appeal to Southern Democratic Senators to vote for Parker, who was from North Carolina, but Hoover was unable to win enough Democratic votes to make up for Republican defections.<ref name="watson"/> Hoover's second nominee, [[Owen J. Roberts]], was confirmed by the Senate.<ref name="Sen"/>

== Dwight D. Eisenhower ==
{{Main article|Dwight D. Eisenhower Supreme Court candidates}}
President [[Dwight D. Eisenhower]] nominated [[John Marshall Harlan II]] in 1954, but his nomination was not reported out of the judiciary committee, in part due to opposition to his purported "ultra-liberal" views. Eisenhower re-nominated Harlan in 1955, and the Senate confirmed him in a 71–11 vote.<ref name="hhogue"/>

== Lyndon B. Johnson ==
{{Main article|Lyndon B. Johnson Supreme Court candidates}}
[[Lyndon B. Johnson]] nominated [[Abe Fortas]], then an associate justice, for Chief Justice. Fortas would have succeeded [[Earl Warren]], who had decided to retire. Controversy ensued regarding Fortas's extrajudicial activities, and at Fortas's request, Johnson withdrew the nomination prior to a vote of the full Senate.<ref name="Massaro1990">{{cite book|author=John Massaro|title=Supremely Political: The Role of Ideology and Presidential Management in Unsuccessful Supreme Court Nominations|url=https://books.google.com/books?id=8ohUqkcQNFIC&pg=PA36|year=1990|publisher=SUNY Press|isbn=978-0-7914-0301-3|pages=36–}}</ref> Fortas's nomination was also opposed by many senators who opposed the rulings of the [[Warren Court]].<ref name="hhogue"/> President Nixon instead filled the vacancy caused by Warren's retirement with [[Warren Burger]].

When Johnson nominated Fortas, he also nominated [[Homer Thornberry]] to fill Fortas' seat. Since Fortas withdrew his name from the Chief Justice nomination, but maintained his seat as an Associate Justice (with Earl Warren continuing as Chief Justice), the nomination of Thornberry was void. He was never voted on by the Senate.<ref name="IIIWayne2013">{{cite book|author1=George C. Edwards, III|author2=Stephen J. Wayne|title=Presidential Leadership: Politics and Policy Making|url=https://books.google.com/books?id=--1uCgAAQBAJ&pg=PA384|date=July 3, 2013|publisher=Cengage Learning|isbn=978-1-285-96118-7|pages=384–}}</ref>

== Richard Nixon ==
{{Main article|Richard Nixon Supreme Court candidates}}
When [[Abe Fortas]] resigned in 1969 because of a scandal separate from his Chief Justice bid, [[Richard Nixon]] nominated [[Clement Haynsworth]], a Southern jurist. His nomination was rejected by the Senate by a vote of 45–55 on November 21, 1969,<ref name="Huff1995">{{cite book|author=Archie Vernon Huff|title=Greenville: The History of the City and County in the South Carolina Piedmont|url=https://books.google.com/books?id=LyTPK09CgbgC&pg=PA410|year=1995|publisher=Univ of South Carolina Press|isbn=978-1-57003-045-1|pages=410–}}</ref> due to concerns about Haynsworth's civil rights record and perceived ethical lapses.<ref name="hhogue"/> In response, Nixon nominated [[Harold Carswell|G. Harrold Carswell]], a Southerner with a history of supporting segregation and opposing women's rights. The Senate rejected his nomination 45 to 51 on April 8, 1970, following much pressure from the [[Civil Rights Movement|Civil Rights]] and [[Feminist Movement|Feminist]] movements.<ref name="Dean2002">{{cite book|author=John W. Dean|title=The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court|url=https://books.google.com/books?id=zkBC5CnRcUkC&pg=PA19|date=February 1, 2002|publisher=Simon and Schuster|isbn=978-0-7432-2979-1|pages=19–}}</ref> Nixon's third nominee for the Fortas vacancy was [[Harry Blackmun]], who was confirmed by the Senate with no opposition on May 17, 1970.

Nixon was soon faced with two more Supreme Court vacancies when [[John Marshall Harlan II|John Harlan]] and [[Hugo Black]] retired in the fall of 1971. Nixon considered nominating Arkansas lawyer [[Hershel Friday]] and California intermediate appellate judge [[Mildred Lillie]] to the high court. By tradition at the time, potential Supreme Court nominees were first disclosed to the [[American Bar Association]]'s standing committee on the federal judiciary. When it became apparent that this 12-member committee would find that both were unqualified, Nixon passed over Friday and Lillie,<ref name="Hayes2009">{{cite book|author=Anna R. Hayes|title=Without Precedent: The Life of Susie Marshall Sharp|url=https://books.google.com/books?id=v7Bx2K4UQ90C&pg=PA316|date=June 1, 2009|publisher=Univ of North Carolina Press|isbn=978-0-8078-8781-3|pages=316–}}</ref> and nominated [[Lewis Franklin Powell Jr.|Lewis Powell]] and [[William Rehnquist]]. Powell was confirmed by an 89–1 vote, and Rehnquist was confirmed 68–22.<ref name="Sen"/>

== Ronald Reagan ==
{{Main article|Robert Bork Supreme Court nomination}}
When [[Lewis Franklin Powell Jr.|Lewis Powell]] retired in July 1987, [[Ronald Reagan]] nominated [[Robert Bork]]. Bork was a member of the [[United States Court of Appeals for the District of Columbia Circuit|Court of Appeals for the District of Columbia]] at the time and known as a proponent of constitutional [[originalism]]. Bork lost confirmation by a Senate vote of 42 to 58, largely due to Bork's extreme conservative opinions on constitutional issues and his role in the [[Richard Nixon|Nixon]] [[Saturday Night Massacre]].<ref name="VieiraGross1998">{{cite book|author1=Norman Vieira|author2=Leonard Gross|title=Supreme Court Appointments: Judge Bork and the Politicization of Senate Confirmations|url=https://books.google.com/books?id=g5eoFhCmFIEC|year=1998|publisher=SIU Press|isbn=978-0-8093-2204-6}}</ref>

Reagan then announced his intention to nominate [[Douglas H. Ginsburg]] to the court. Before Ginsburg could be officially nominated, he withdrew himself from consideration under heavy pressure after revealing that he had smoked [[cannabis (drug)|marijuana]] with his students while a professor at [[Harvard Law School]].<ref name="Lee2013">{{cite book|author=Martin A. Lee|title=Smoke Signals: A Social History of Marijuana - Medical, Recreational and Scientific|url=https://books.google.com/books?id=8XE-AAAAQBAJ|date=August 13, 2013|publisher=Simon and Schuster|isbn=978-1-4391-0261-9}}</ref> Reagan then nominated [[Anthony Kennedy]], who was confirmed by a Senate vote of 97–0.<ref name="Sen"/>

== George W. Bush ==
{{Main article|Harriet Miers Supreme Court nomination}}
In October 2005, [[George W. Bush]] nominated [[Harriet Miers]], a corporate attorney from Texas who had served as Bush's private attorney and as [[White House Counsel]], as an Associate Justice to replace retiring Justice [[Sandra Day O'Connor]]. Miers was widely perceived as unqualified for the position, and it later emerged that she had allowed her law license to lapse for a time. The nomination was immediately attacked by politicians and commentators from across the political spectrum. At Miers's request, Bush withdrew the nomination on October 27, ostensibly to avoid violating [[executive privilege]] by disclosing details of her work at the White House.<ref name="WroeHerbert2009">{{cite book|author1=Andrew Wroe|author2=Jon Herbert|title=Assessing the George W. Bush Presidency: A Tale of Two Terms|url=https://books.google.com/books?id=Mu6qBgAAQBAJ&pg=PA47|date=November 18, 2009|publisher=Edinburgh University Press|isbn=978-0-7486-3149-0|pages=47–}}</ref> Four days later, Bush nominated [[Samuel Alito]] to the seat. Alito was confirmed by a vote of 58–42 on January 31, 2006.<ref name="Sen"/>

== Barack Obama ==
{{Main article|Merrick Garland Supreme Court nomination}}
In February 2016, Associate Justice [[Antonin Scalia]] died. The following month, President [[Barack Obama]] nominated D.C. Circuit Judge [[Merrick Garland]] to replace Scalia. However, the Senate was controlled by the Republican Party, which argued that the next president should instead appoint Scalia's successor.<ref name=NYT_2016>{{citation|title=Where Republican Senators Stand on the Supreme Court Nomination|url=https://www.nytimes.com/interactive/2016/03/21/us/politics/where-republican-senators-stand-on-the-supreme-court-nomination.html |work=New York Times|date=March 29, 2016 |accessdate=March 31, 2016}}</ref> Senate Republicans refused to hold hearings on Garland, and Garland's nomination remained before the Senate longer than any other Supreme Court nomination.<ref name="lhurley">{{cite news|last1=Hurley|first1=Lawrence|title=Supreme Court nominee out in cold as election heats up|url=https://www.reuters.com/article/us-usa-election-garland-idUSKCN0ZZ17L|accessdate=July 19, 2016|publisher=Reuters|date=July 19, 2016}}</ref> Garland's nomination expired with the end of the [[114th United States Congress]].<ref name=jbravin1>Jess Bravin, [https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 President Obama's Supreme Court Nomination of Merrick Garland Expires], ''Wall Street Journal'' (January 3, 2017).</ref>

The vacancy caused by Scalia's death remained unfilled for 422 days, making it just the second Supreme Court vacancy since the end of the Civil War to remain unfilled for more than one year.<ref name="desilver1">{{cite news|last1=DeSilver|first1=Drew|title=Long Supreme Court vacancies used to be more common|url=http://www.pewresearch.org/fact-tank/2016/02/26/long-supreme-court-vacancies-used-to-be-more-common/|accessdate=20 March 2017|publisher=Gallup|date=26 February 2017}}</ref> On January 31, 2017, President [[Donald Trump]] nominated federal appeals court Judge [[Neil Gorsuch]] to replace Justice Scalia. Justice Gorsuch was sworn in on April 10, 2017, after being confirmed by a vote of 54–45.

==List of unsuccessful nominations==
Following is a complete list of the 30 persons officially nominated to the Supreme Court, who for various reasons never served on the Court.

{| class="wikitable sortable"
|-
! colspan=4|{{big|Supreme Court nominees who never served on the Court}}
|-
! Nominee !! Year !! Nominated by !! Outcome<ref name="Sen"/>
|-
| data-sort-value="Harrison"|[[Robert H. Harrison|Robert Harrison]] || 1789 || data-sort-value="Washington"|Washington || Declined
|-
| data-sort-value="Lincoln"|[[Levi Lincoln Sr.]] || 1811 || data-sort-value="Madison"|Madison || Declined
|-
| data-sort-value="Wolcott"|[[Alexander Wolcott]] || 1811 || data-sort-value="Madison"|Madison || data-sort-value="Rejected, 09-24"|Rejected, 9–24
|-
| data-sort-value="Adams"|[[John Quincy Adams]] || 1811 || data-sort-value="Madison"|Madison || Declined
|-
| data-sort-value="Crittenden"|[[John J. Crittenden]] || 1828 || data-sort-value="Adams, J.Q."|J. Q. Adams || Postponed
|-
| data-sort-value="Smith"|[[William Smith (South Carolina senator)|William Smith]] || 1837 || data-sort-value="Jackson"|Jackson || Declined
|-
| data-sort-value="Spencer"|[[John C. Spencer]] || 1844 || data-sort-value="Tyler"|Tyler || Rejected, 21–26
|-
| data-sort-value="Walworth"|[[Reuben H. Walworth]] || 1844 || data-sort-value="Tyler"|Tyler || Withdrawn
|-
| data-sort-value="King"|[[Edward King (jurist)|Edward King]] || 1845 || data-sort-value="Tyler"|Tyler || Withdrawn
|-
| data-sort-value="Read"|[[John M. Read]] || 1845 || data-sort-value="Tyler"|Tyler || No action
|-
| data-sort-value="Woodward"|[[George W. Woodward]] || 1845 || data-sort-value="Polk"|Polk || Rejected, 20–29
|-
| data-sort-value="Bradford"|[[Edward A. Bradford]] || 1852 || data-sort-value="Fillmore"|Fillmore || No action
|-
| data-sort-value="Badger"|[[George E. Badger]] || 1853 || data-sort-value="Fillmore"|Fillmore || Postponed
|-
| data-sort-value="Micou"|[[William C. Micou]] || 1853 || data-sort-value="Fillmore"|Fillmore || No action
|-
| data-sort-value="Black"|[[Jeremiah S. Black]] || 1861 || data-sort-value="Buchanan"|Buchanan || Rejected, 25–26
|-
| data-sort-value="Stanbery"|[[Henry Stanbery]] || 1866 || data-sort-value="Johnson, A."|A. Johnson || Nullified
|-
| data-sort-value="Hoar"|[[Ebenezer R. Hoar]] || 1869 || data-sort-value="Grant"|Grant || Rejected, 24–33
|-
| data-sort-value="Stanton"|[[Edwin Stanton]] || 1869 || data-sort-value="Grant"|Grant || Died
|-
| data-sort-value="Williams"|[[George Henry Williams]] || 1873 || data-sort-value="Grant"|Grant || Postponed
|-
| data-sort-value="Cushing"|[[Caleb Cushing]] || 1874 || data-sort-value="Grant"|Grant || Withdrawn
|-
| data-sort-value="Conkling"|[[Roscoe Conkling]] || 1882 || data-sort-value="Arthur"|Arthur || Declined
|-
| data-sort-value="Hornblower"|[[William B. Hornblower]] || 1893 || data-sort-value="Cleveland"|Cleveland || Rejected, 24–30
|-
| data-sort-value="Peckham"|[[Wheeler Hazard Peckham]] || 1894 || data-sort-value="Cleveland"|Cleveland || Rejected, 32–41
|-
| data-sort-value="Parker"|[[John J. Parker]] || 1930 || data-sort-value="Hoover"|Hoover || Rejected, 39–41
|-
| data-sort-value="Thornberry"|[[Homer Thornberry]] || 1968 || data-sort-value="Johnson, L.B."|L. B. Johnson || Nullified
|-
| data-sort-value="Haynsworth"|[[Clement Haynsworth]] || 1969 || data-sort-value="Nixon"|Nixon || Rejected, 45–55
|-
| data-sort-value="Carswell"|[[G. Harrold Carswell]] || 1970 || data-sort-value="Nixon"|Nixon || Rejected, 45–51
|-
| data-sort-value="Bork"|[[Robert Bork]] || 1987 || data-sort-value="Reagan"|Reagan || Rejected, 42–58
|-
| data-sort-value="Miers"|[[Harriet Miers]] || 2005 || data-sort-value="Bush, G.W."|G. W. Bush || Withdrawn
|-
| data-sort-value="Garland"|[[Merrick Garland]] || 2016 || data-sort-value="Obama"|Obama || No action
|}

== See also ==
*[[Unsuccessful nominations to the Cabinet of the United States]]

== References ==
{{Reflist|30em}}

== Further reading ==
*[https://fas.org/sgp/crs/misc/RL31171.pdf Supreme Court Nominations Not Confirmed, 1789–2004]
*Beth, Richard S, ''Supreme Court Nominations: Senate Floor Procedure and Practice, 1789–2009''. DIANE Publishing, 2009.
*{{cite book | title = The Rejected: Sketches of the 26 Men Nominated for the Supreme Court but Not Confirmed by the Senate | last1 = Jacobstein | first1 = J. Myron | last2 = Mersky | first2 = Roy M. | isbn13 = 978-0963401748 | year = 1993 | publisher = Toucan Valley }}

{{Nominations to the Supreme Court of the United States}}
{{SCOTUS horizontal}}

[[Category:Unsuccessful nominees to the United States Supreme Court| ]]
[[Category:Supreme Court of the United States people]]

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